Category Archives: Settlements

Melissa Rivers Files Malpractice Lawsuit

First do no harm

The untimely death of the legendary Joan Rivers during a routine procedure took the world by surprise, including her close knit family. “The city’s medical examiner found that Joan Rivers died of brain damage due to lack of oxygen after she stopped breathing during the endoscopy. Her death was classified as a therapeutic complication”. Melissa Rivers has filed a lawsuit with the Manhattan Supreme Court alleging incompetence on behalf of the doctors, and seeks unspecified damages. According to the lawsuit the doctors mishandled this procedure, and performed a separate procedure without the consent of the patient or her family. Concern was expressed during the procedure in regards to Rivers’ breathing, this concern went unaddressed.

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Tommy the Chimp is No Chump

Quit monkeying around

A unique case is taking place in the court of  appeals in New York, it is about whether chimpanzees are entitled to “legal personhood”. The defendant is 26-year-old Tommy, who is owned by a human and lives alone in what is described as a “dark, dank shed” in upstate New York. Tommy currently lives alone in a cage in a warehouse in Gloversville, New York. In December, Steven Wise, founder and president of  the Nonhuman Rights Project, filed writs of habeas corpus on behalf of four chimpanzees he believed were wrongfully detained. Wise compared chimps to human children when Presiding Justice Karen Peters asked him about how novel his theory really was. “Hey, I’m no animal rights freak, but if we’re extending the legal fiction of corporate personhood to include religious rights, we should at least give a creature with a 99 percent DNA match the right to not be locked in a shed. The standard really isn’t that onerous. If the courts fails to get this done  and based on the oral argument that seems likely  legislatures should take action to protect these creatures. But I wouldn’t hold my breath for that either.”

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Kansas Supreme Court Ruling Impacts How Field Sobriety Tests Will Be Conducted

Drive sober

A recent court ruling out of Kansas will likely lead to important changes in the way drunk driving cases are handled in the state. For years, law enforcement agencies have conducted a series of three field sobriety tests during traffic stops involving suspected drunk drivers. The failure of any one of the three tests could serve as justification for administering a breathalyzer test and for potentially making an arrest. Thanks to the Kansas Supreme Court, that will no longer be the case.

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Uber and Lyft are Driving People Crazy

Speeding to the courtroom

While many people love the convenience of having a car appear at your doorstep at the tap of a button, it appears that those days may be numbered. The popular transportation services Uber and Lyft are headed to the courtroom, thanks to unhappy drivers. The main issue seems to center around a debate on whether or not the drivers of these services are employees or simply independent contractors. We’ve talked in the past about Uber’s problems with the law, however this series of lawsuits may force the companies to alter their business model. The lawsuits were filed in the San Francisco Federal Court and are only relevant to California-based drivers, although the results of each class-action will be closely monitored by drivers across the United States. Read more

Michigan Cancer Doctor Makes Millions Off Healthy Patients

Second opinion please…

Dr. Fatrid Fata, a prominent Michigan Internist has plead guilty to 16 counts of fraud and money laundering. Dr Fata fraudulently told healthy patients they had cancer to make money off insurance. Dr Fata would administer cancer drugs to patients who did not need them and ending up injuring and killing several in his 1,200 patient practice.  Federal prosecutors said Fata bilked Medicare out of as much as $91 million by prescribing unnecessary chemotherapy treatments to his patients, many of whom didn’t even have cancer.

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